Atty: R.I. Club Rep. OK'd Pyrotechnics

Published 7:00 pm, Thursday, February 27, 2003

An attorney for Great White's tour manager says the band had permission from a "high-ranking club representative" to use the pyrotechnics that gutted The Station nightclub.

However, the West Warwick club owners' attorney denied the claim, saying tour manager Daniel Biechele never talked to brothers Jeffrey and Michael Derderian about using pyrotechnics at The Station.

Meanwhile, Gov. Don Carcieri said Thursday the death toll from the Feb. 20 fire had dropped by one, to 96, and that all the victims had been identified. The final count was determined after the medical examiner finished examining all the remains; the discrepancy came as investigators were identifying body parts.

"When the doctor, the medical examiner, completed all of the work _ and you gotta understand this is painstaking work matching up lots of information and records _ that we are satisfied right now that it was in fact 96," Carcieri said.

About 60 people remained hospitalized, including 36 in critical condition.

The fire swept through The Station after the heavy metal band Great White set off pyrotechnics. Fire investigators believe the shower of sparks ignited soundproofing behind the stage, sending flames through the one-story wooden building

Attorney Thomas Briody said Thursday his client, tour manager Daniel Biechele, met with a "high-ranking club representative" a week before the show and The Station told him the club wanted pyrotechnics.

"Any suggestion that Great White did not have permission to display pyrotechnics is simply false," Briody said.

Jeffrey Pine, a lawyer for Jeffrey Derderian, said Michael Derderian spoke with a band representative about food and other provisions the band wanted _ but there was no mention of pyrotechnics.

"It sounds like Dan (Biechele) is taking responsibility for the pyrotechnics and is seeking to deflect some of the responsibility for the fire away from himself," Pine said. "The notion that he had a conversation with them in regards to this issue is absolutely false."

Attorney Kathleen Hagerty, who represents Michael Derderian, did not return calls for comment.

A state grand jury impaneled to investigate the case did not meet Thursday because lawyers were negotiating over the expected testimony of members of the band, according to sources close to the investigation who spoke to The Associated Press on condition of anonymity. The panel was expected to meet again as early as Friday at the National Guard training center in East Greenwich, where the panel is seated.

Legal experts and fire investigators say the Derderians, along with band members, could be indicted on state charges of involuntary manslaughter or second-degree murder.

Among other things, authorities are looking at the club's soundproof insulation. The governor said investigators have not determined what type had been installed.

Pine said Jeffrey Derderian told him he and his brother had the soundproofing installed several months after they took over the club in March 2000 because neighbors complained about noise.

Investigators are also trying to determine if the club was overcrowded. The Station's maximum legal capacity was 300. Carcieri originally said there may have been between 340 and 350 people there the night of the fire, but now says there's conflicting information.

Booking agent Mark Hyman said Thursday when he booked the metal band Quiet Riot at the club in June 2002, the contract for the show said the club's capacity was 550.

Meanwhile, the Commerce Department's National Institute of Standards and Technology said it will investigate the disaster, including the building's materials, its exits and the number of people inside that night.

Also Thursday, the Federal Emergency Management Agency denied Carcieri's request for disaster relief. Carcieri called the decision "disappointing but not entirely unexpected." He said the state may appeal.

About $500,000 has been donated to a fund to help survivors and relatives of those who died with short-term needs such as funeral and travel expenses.